1,720,999 research outputs found
Un passo avanti e un passo indietro nell’Antropocene: Rights for Ecosystem Services, comunità locali e REDD
Full text linkL’autrice del libro When Rights Embrace Responsibilities. Biocultural Rights and Conservation of the Environment risponde ad alcune delle questioni sollevate da Francesco Viola e Gianfrancesco Zanetti nelle loro recensioni, pubblicate in questo numero della rivista. L’autrice si sofferma inoltre su alcuni temi discussi nel libro che richiedono ulteriori approfondimenti e su possibili sviluppi del concetto di diritti bioculturali.The author of the book When Rights Embrace Responsibilities. Biocultural Rights and Conservation of the Environment replies to the comments raised by Francesco Viola and Gianfrancesco Zanetti in the present journal issue. She also dwells on some topics of her book which deserve further clarification and speculates on possible future developments of biocultural rights
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When Rights Embrace Responsibilities: Biocultural Rights and the Conservation of the Environment
No full textThe conservation of environment and the protection of human rights are two of the most compelling needs of our time. Unfortunately, they are not always easy to combine and too often result in mutual harm. This book analyses the idea of biocultural rights as a proposal for harmonizing the needs of environmental and human rights. These rights, considered as a basket of group rights, are those deemed necessary to protect the stewardship role that certain indigenous peoples and local communities have played towards the environment. With a view to understanding the value and merits, as well as the threats that biocultural rights entail, the book critically assesses their foundations, content, and implications, and develops new perspectives and ideas concerning their potential applicability for promoting the socio-economic interests of indigenous peoples and local communities. It further explores the controversial relationship of interdependence and conflict between conservation of environment and protection of human rights. Table of Contents: Introduction - 1. An Environmental Crisis 2. Understanding Rights, Human Rights, and Group Rights 3. Friends and Foes: Rights, the Environment, and People 4. Of Rights and Responsibilities 5. Biocultural Rights: Handle with Care 6: Past, Present, and Future: Beyond Biocultural Right
Inside-out. Internal and external limits to rights : does it matter?
Full text linkLiterature is rich on whether and how rights are limited by external considerations, such as other rights or particularly important general interests. This article concentrates on what could be a different type of limit of rights: internal limits stemming from the very foundations of a right. Its aim is to understand whether these hypothetically different internal limits actually collapse on the idea of internal limits of coherence theories; or whether they are equivalent, in terms of effects, to external limits to rights. In order to show the origin of the troubling with internal limits, the article begins with a brief introduction of biocultural rights of indigenous peoples and local communities and of the challenges they encountered, allegedly, because of the internal limits that rose from their foundations. It then concentrates on coherence theories and the internal limits they envisage, and continues with the analysis of two examples – freedom of expression and parental rights – in order to understand whether turning external limits into internal ones causes any change in the arising normative positions. Building on this thought experiment, it tries to explain which of the sui generis features of biocultural rights are, actually, due to their double foundation and which, instead, are generated by other, concealed operations. Finally, after recognizing the complexities of the idea of care and stewardship between two subjects/interests, it points out the more subtle implications of internal limits of rights, opening the way to considerations concerning the way legal concepts are used and interpreted
The conservation of the environment in Ecuador's constitution
Full text linkThe 2008 Ecuadorian Constitution is often presented as building on the local traditions of indigenous peoples in order to propose a non-anthropocentric approach to the conservation of the environment, based on the concept of buen vivir. After providing a short introduction on anthropocentric and non-anthropo-centric approaches to the environment, with attention to indigenous worldviews, this article attempts to: analyse the concept of buen vivir, appearing to have unclear boundaries; understand whether or not it is a concept derived from indigenous worldviews; and explore the innovative non-anthropocentric feature of the recognition of rights to the environment. Finally, the article uses the idea of rights of the environment as a key to interpret the fuzzy concept of buen vivir in the most effective way to enhance the conservation of the environment
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Rights for ecosystem services ::local communities and the rights of nature /
No full text"This book analyses how protecting the rights of local communities can contribute to the alleviation of ecological harms through the development of an innovative 'Rights for Ecosystem Services' framework. Ecosystem Services describe the range of social, ecological, and economic benefits that people obtain from nature. Recognising the role of local communities in the maintenance of these services - through, for example, practices of natural resource management - is vital to their sustainability. This book draws on arguments for the rights of nature to transform the current Payments for Ecosystem Services framework into a unique Rights for Ecosystem Services framework. With reference to a case study from Sicily, the book develops such a framework as a crucial means through which the environmental role of local communities can be recognised, protected and fostered. Employing insights from a range of disciplines, this book will appeal to scholars working in the areas of environmental law, legal theory, political philosophy, human rights and environmental studies; as well as others with practical concerns in the fields of conservation science and natural resource management"-
From Ecological Description to Political Prescription. Some Challenges among Theories for Environmental Change
No full textAfter briefly reviewing the evolution of the link between philosophy and the natural sciences, the article, with no aspiration to be comprehensive, analyses a small sample of the many philosophical proposals generated to respond to the need to change the relationship between humanity and planet Earth. Vis à vis the rhetoric of the environmental “crisis”, the three theories here chosen – Ecological Integrity, Earth Jurisprudence and the Ecology of Law – propose changes in the relationship between politics and law and the natural sciences. They suggest the use of the natural sciences as an unquestioned guide not simply to ground political and legal decisions – i.e. inspiring science-based decision-making – but rather to provide apparently unpolitical responses to current environmental challenges, concealing normative and value-based decisions under a veil of scientific neutrality. Using Chakrabarty’s distinction between the global and the planetary dimensions, the article describes the three theories and proposes some overarching critiques of their common approach towards the sciencepolitics relationship
Earth jurisprudence : new paths ahead
Full text linkThis special issue of the open access journal Diritto & Questioni Pubbliche contains the articles of legal theory and private law authors that have analysed the theory of Earth Jurisprudence and looked at the evolution and challenges of the recognition of rights to nature. The articles are authored by: Giulia Sajeva, Do we Need Earth Jurisprudence? Looking for Change in New Old Friends. - Sofia Ciuffoletti, Have trees got standing? A brief account of locus standi doctrines and case law in the environmental litigation on the basis of the principle of effectiveness of rights. - Matija Žgur, All the Earth’s legal children. Some sceptical comments about Nature’s legal personhood. - Giada Giacomini (former SCELG visiting researcher), The Interactive Dialogues of UN Harmony with Nature: for a paradigmatic shift to Earth-centred governance. - Rodrigo Míguez Núñez, Soggettività giuridica e natura. Spunti per una riflessione civilistica. - Livio Perra, L’antropomorfizzazione giuridica
Human Rights and Environmental Protection in Namibia. A Case Study on the Khwe people of Bwabwata National Park
No full textThe chapter presents the Khwe-Bwabwata case study, a clear example of the interdependence and conflicts that can arise between the conservation of the environment and human rights, in particular when dealing with the rights of indigenous peoples. Based on fieldwork research, it provides an overview of the struggles and requests of the Khwe indigenous peoples living in Bwabwata National Park in Namibia, and describes the actions they are have taken forward with the support of local and international Non-Governmental Organizations
Assessing the values of nature to promote a sustainable future
No full textUnderstanding the diverse ways in which the natural world
provides value aids informed policy decisions. The generation
of a detailed catalogue of this diversity, and ways to assess
values, paves the way to a more sustainable future
Using Biocultural Rights to Rethink Environmental Law Through Human Rights
No full textThis chapter looks at the contribution that the framework of biocultural rights can make to re-envisioning human rights and their relationship with nature within the framework of environmental law. Human rights and the rights of nature appear to walk two separate paths. Biocultural rights imagine the possibility of accommodating both nature and Indigenous Peoples and local communities as rights holders within the same legal instrument. Such accommodation allows for the envisioning of non-ecologically blind human rights that may lose their original anthropocentrism and better fit the environmental law realm. However, biocultural rights may be at risk of shifting the burden of nature protection onto Indigenous Peoples and local communities, requiring their holders to be and remain sustainable. This Chapter looks at the challenges that arise from a biocultural rights framework and proposes strategic and theoretical considerations to re-imagine human rights and international environmental law
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